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PCT Receiving Office Guidelines

Chapter X: References to Deposited Microorganisms or Other Biological Material

References to Deposited Microorganisms or Other Biological Material as Part of the Description

229. The national law of certain States requires that references to deposited microorganisms or other biological material furnished under Rule 13bis.3(a) be included in the description (PCT Applicant’s Guide, Annex L). Where indications are presented on a separate sheet such as Form PCT/RO/134, the applicant should number that sheet as a sheet of the description (preferably at the end of the description within the second series referred to in Section 207). In such a case, the check-box in Box No. IX of the request referring to separate indications relating to deposited microorganisms or other biological material should not be marked. Where references to deposited microorganisms or other biological material are made on a separate sheet, that sheet shall preferably be furnished together with the request and referred to in the check list (Section 209(a)).

230. Where sheets containing references to deposited microorganisms or other biological material, as defined in Rule 13bis, are filed on the same date as the international application but separately from the description, that is, not numbered as part of the international application (for example, on Form PCT/RO/134), the receiving Office may draw the applicant’s attention to the fact that the national law of certain States requires that the indications concerned be included in the description.

231. If the applicant confirms that those sheets are intended to be part of the description they should be inserted at the end of the description and renumbered in accordance with Section 207. The receiving Office may renumber those sheets ex officio or invite (Form PCT/RO/106) the applicant to correct the defect (paragraphs 153 to 165). The total number of pages indicated in the check list may need to be corrected and the payment of an additional fee for sheets in excess of 30 may be required (paragraphs 235 to 273). The receiving Office, where appropriate, draws the applicant’s attention to such circumstance.

232. If, in any of the situations described above, the applicant does not respond to the receiving Office communication, the processing of the international application nevertheless continues and no further action on this matter is required from the receiving Office.

233. Any separate sheet containing references to deposited microorganisms or other biological material received by the receiving Office after transmittal of the record copy to the International Bureau must be promptly transmitted to that Bureau so that it reaches it preferably before the technical preparations for international publication have been completed (Rule 13bis.4(d)).